Terms and Conditions for Products of International Origin: Use of the MELI Ecosystem by Foreign Sellers - Argentina
Products of International Origin: Use of the MELI Ecosystem by Foreign Sellers
This annex explains the rules for using the services of the MELI Ecosystem applicable to:
(i) the buying and selling of internationally sourced products, which are sold by Foreign sellers (the “Foreign Sellers”) and imported and shipped to Argentina from abroad.
(ii) the use of the services of the MELI Ecosystem by Foreign Sellers, such as Envios Full, Envios Full United States, Mercado Ads, or other services of the MELI Ecosystem.
All operations carried out by the Foreign Seller will be subject to the Terms and Conditions of the Mercado Libre website in which they are carried out.
1. Registration and account
The Seller is required to create a Foreign Seller account, following the specific process for this type of account. By doing so, the Seller automatically agrees to the Terms and Conditions of Mercado Libre's websites in the countries where Mercado Libre operates. This enables them to list and sell products of international origin and access other services within the MELI Ecosystem on the platforms of those countries.
2. International purchase of products of international origin
2.1. Selling
a) Obligations of the Foreign Seller
The Foreign Seller will act as the seller and exporter of the products.
Therefore: i) the Foreign Seller must adhere to all requirements, permits, and procedures stipulated by existing regulations for sales and exports in the country of origin, importation, and marketing in the destination country; ii)the Foreign Seller will be responsible for compliance with the current regulations and criteria established by the customs authority and anyother relevant regulatory bodies; iii) the Foreign Seller will be responsible for covering any costs associated with exporting the products; and (iv) they must supply any necessary documents and information to verify compliance with the preceding points, either to Mercado Libre or upon the explicit request of any relevant Authority.
Listings must comply with the Marketplace Terms and Conditions, including the Listing and Prohibited Items Policies. They shall be written in the local language and identified as being of international origin.
The Foreign SellersUser complies with the obligations established for the seller in the Marketplace Terms and Conditions.
b) Price
The Foreign Seller will inform the price of the product in U.S. dollars, but in its listings, it will be expressed in local currency. For such purposes, the Foreign Seller authorizes Mercado Libre to convert the price to local currency and adjust it according to variations in the exchange rate.
Mercado Libre may add to the product price informed by the Foreign Seller any costs related to international shipping and/or importation (if applicable).
The Foreign Seller may collect the price of their sales (i) through one or several transfers, made by Mercado Libre with any of its related companies, to a bank account owned by the Foreign Seller; and/or (ii) through other payment platforms operated by third parties, when enabled. In such cases, the Foreign Seller shall bear any service fee applicable to the use of such payment platforms.
2.2. Buying
When buying a product of international origin, the obligations and rights provided in the Marketplace Terms and Conditions apply to the Buyer.
In addition, the Buyer accepts that they will be the importer of the product to their country and that they are purchasing it exclusively for their personal or family use or consumption, with no commercial purpose.
As an importer, the Buyer must comply with all the requirements, permits, and formalities required by the regulations in force for importation into their country. In addition, they must comply and ensure that the imported products are suitable for commercialization and use in their country, as well as cover the Import Costs.
Import Costs are calculated based on an estimate of all expenses and costs related to Customs that must be paid to import the product, such as customs duties, taxes, and tariffs. Their payment is the responsibility of the Buyer and is essential for Carriers to carry out customs procedures for the import on behalf of the Buyer. The Buyer authorizes Mercado Libre to collect, on their behalf, all applicable taxes and charges.
The Buyer shall pay the final purchase price, which shall comprise the price of the product, shipping costs, and Import Costs. The final purchase price of the International Sales and Purchases will be indicated in the purchase flow, which will start with clicking on the "Buy" button and will end with the purchase confirmation notice.
In case of a return of a product of International origin, the Buyer will be the exporter from Argentina and must comply with all applicable export regulations. In these cases, the payment of import costs prior to return shall not be refundable. When the return is due to reasons attributable to Mercado Libre or the Seller, we will refund the Import Costs; if not, those costs may not be refundable.
2.3. International shipments
International shipments of the products will be made through national and international transportation and logistics service providers, and/or shipping, parcel, postal, and courier companies (the "Carriers") that maintain commercial relationships with Mercado Libre or with the Foreign Seller.
The Users authorize the Carriers and/or Mercado Libre to carry out, on their own account and on their behalf, the customs formalities, the preparation and presentation of the necessary documentation in each case, and the payment of the corresponding import duties, fees, and other taxes.
International shipments will be governed by the Envios Terms and Conditions, except for:
- the pick-up mechanism, which may be agreed differently between the Foreign Sellers and the Carriers;
- the invoicing of the transportation service. In the case of International Sales, Mercado Libre will issue an invoice to the corresponding User for the amounts paid by said User for this service;
- any other particularity expressly informed in the Frequently Asked Questions.
The Users expressly and irrevocably authorize Mercado Libre to provide the Carriers with their personal data and all the information related to the shipments and/or products of international origin.
Mercado Libre may request from the Foreign SellersUsers a local address and/or an address in their country of origin to receive product returns, in the event of cancellation of a product of international origin.
Mercado Libre may charge the Foreign SellerUser the difference between (i) the shipping value estimated by Mercado Libre's service related to the shipments and charged to the corresponding User, and (ii) the actual value of the shipment actually reported by the Carrier. If applicable, Mercado Libre will recalculate these differences taking into account the actual value of the shipment reported by the Carrier and the fees and conditions in effect at that time.
3. Mercado Envios Full use
The Foreign Seller may use the services of Envios Full at the Distribution Centers in Argentina and/or the United States, in accordance with the provisions of the Terms and Conditions for United States Envios Full Service (available for U.S. Sellers).
4. Fees and Billing
When making an international purchase or using the services of the MELI Ecosystem, the Foreign User shall pay a cost for the IT services provided by Mercado Libre. Mercado Libre will generate the invoices corresponding to such costs with any of its related companies.
To learn more about these costs, please access our Frequently Asked Questions.
5. Mercado Ads use
The use of Mercado Ads services by the Foreign User is governed by the provisions of Mercado Ads' Terms and Conditions of Contract.
6. Sanctions
The Foreign User's transactions are subject to the prohibitions and penalties set forth in the Terms and Conditions of the Mercado Libre websites where they are carried out.
Mercado Libre may warn, suspend, restrict, or temporarily or permanently disable the account of the Foreign User on all the websites, in case the Foreign User breaches a law, the Terms and Conditions, and/or the particular rules of use of Mercado Libre's services.
7. Personal Data Special considerations
At Mercado Libre, we protect the privacy and personal data of all Users in accordance with the applicable personal data protection legislation.
If you are a Buyer and want to know more about how we protect your personal data, please check our Mercado Libre Privacy Statement.
If you are a Foreign User, we invite you to check: (i) Privacy Statement for US-based Sellers; and/or (ii) Privacy Statement for China-based Sellers.
8. Payment Management and Conditions
The Foreign Seller designates and expressly and irrevocably authorizes Mercado Libre S.R.L. and/or Global Selling, LLC and/or their affiliated companies (collectively, “Mercado Libre”) and/or their local banking partners in each country to act as its agents for the limited purpose of receiving, retaining, and settling payments to each seller, deducting any amounts owed to Mercado Libre, in accordance with these Terms and Conditions. The Foreign Seller agrees that it will not have the right to claim payment for the products directly from the Buyers and may only claim settlement of such payments from Mercado Libre.
9. Responsibilities
Mercado Libre shall not be responsible for any returns, retention, seizure, delays, and/or confiscation of goods during customs clearance, or for any issues experienced by the Buyer, the Foreign Seller, and/or the Carrier regarding customs procedures.
10. Special Considerations for Argentina
According to applicable regulations, the Buyer may purchase up to 3 units of the same type, with a total gross weight of up to 50kg. Additionally, the total value of the purchase may not exceed the equivalent of USD 3,000 (three thousand US dollars) per shipment, based on the applicable exchange rate at the time of purchase. The maximum limit for international purchases is 5 per year per person.
When the Buyer exceeds the shipping limit or USD 400 (four hundred US dollars) per purchase, based on the applicable exchange rate at the time of purchase, they must pay import duties, statistical fees, and any other applicable charges and taxes, which will be displayed at the time of purchase payment.